Unfortunately, some care facilities do not uphold their duty to care for and protect the elderly residents that families entrust to them. Thankfully, families can make them pay for their infractions with negligence claims.
In order to be successful, claimants must understand what the process entails. There are a few factors that are important in building solid nursing home abuse cases.
Breach of duty
The state of Florida provides regulations for nursing homes and health care facilities in detail. These facility owners and the staff have specific duties in how to care for the residents and maintain the facilities. When these people do not fulfill the set mandates, they are breaching their duty.
Proof of damages is one of the main ways that the court determines the award amount for a claim. In proving damages, claimants can cite a number of things, including:
- Cuts, bruises, and lacerations
- Severe weight loss
- Financial loss
Along with physical manifestations, it may be possible to cite mental and emotional anguish with the assistance of a psychologist or mental health counselor. It may be beneficial to consult with an attorney to determine the best way to prove specific damages.
To show causation, claimants must draw a direct correlation between the breach of duty and the damages. For example, a claimant might state that the staff’s lack of providing proper hygiene lead to a patient getting bedsores, and surveillance video of the patient’s care or care logs could substantiate the claim. The causation must be clear in connecting the act or lack of action to the damages; if there is any doubt, the claim may not hold up.
These are key aspects of a successful nursing home abuse claim, though there are more elements as well. Family members who believe they may have a case should take some time to review the law and the claim process to determine the best course of action.